Law Optional 2025 Paper II solved
  1. (a) "Right to Information, for citizens to secure access to information under the control of public authorities, is an important enactment." Discuss. Also describe the obligations of public authorities as mentioned in the Act.
Verified Answer

The Right to Information (RTI) Act, 2005, is indeed a landmark enactment in India, empowering citizens to access information held by public authorities. It marks a significant shift from a culture of secrecy to one of transparency and accountability in governance. The Act's preamble itself states its objective: to promote transparency and accountability in the working of every public authority and to constitute a Central Information Commission and State Information Commissions.

Importance of the RTI Act:

  1. Empowerment of Citizens: RTI empowers ordinary citizens by giving them the right to question government actions, policies, and decisions. This fosters a sense of ownership and participation in governance.
  2. Promotion of Transparency and Accountability: By making government information accessible, the Act reduces the scope for arbitrary decision-making, corruption, and misuse of power. Public authorities are compelled to maintain records and justify their actions, thereby enhancing accountability.
  3. Good Governance: Transparency is a cornerstone of good governance. RTI helps in improving the efficiency and effectiveness of public services by bringing public scrutiny to their functioning.
  4. Combating Corruption: Access to information can expose corrupt practices, leading to their investigation and prosecution. It acts as a deterrent against corruption.
  5. Democratic Deepening: It strengthens democracy by ensuring that citizens are well-informed, enabling them to make informed choices and hold their elected representatives and government officials responsible.

Obligations of Public Authorities under the RTI Act, 2005: Section 4 of the RTI Act, 2005, lays down a comprehensive set of obligations for every public authority, aiming to promote proactive disclosure of information and minimize the need for citizens to file individual requests. These obligations include:

  1. Maintenance of Records (Section 4(1)(a)): Every public authority is required to maintain all its records duly catalogued and indexed in a manner and form which facilitates the right to information under this Act and ensure that all records are computerized and connected through a network all over the country on a time-bound manner.

  2. Proactive Disclosure (Suo Motu Disclosure - Section 4(1)(b)): Public authorities are mandated to publish, within one hundred and twenty days from the enactment of the Act, certain categories of information proactively. This includes:

    • Particulars of its organization, functions, and duties.
    • Powers and duties of its officers and employees.
    • Procedure followed in the decision-making process, including channels of supervision and accountability.
    • Norms set by it for the discharge of its functions.
    • Rules, regulations, instructions, manuals, and records held by it or under its control or used by its employees for discharging its functions.
    • A statement of the categories of documents that are held by it or under its control.
    • Particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof.
    • A statement of the boards, councils, committees, and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees, and other bodies are open to the public, or the minutes of such meetings are accessible for public.
    • A directory of its officers and employees.
    • The monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations.
    • The budget allocated to each of its agencies, indicating the particulars of all plans, proposed expenditures, and reports on disbursements made.
    • The manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes.
    • Particulars of recipients of concessions, permits, or authorizations granted by it.
    • Details in respect of the information, available to or held by it, reduced in an electronic form.
    • The particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use.
    • The names, designations, and other particulars of the Public Information Officers.
  3. Reasons for Decisions (Section 4(1)(d)): All public authorities must provide reasons for their administrative or quasi-judicial decisions to affected persons.

  4. Designation of PIOs (Section 5): Every public authority must designate Public Information Officers (PIOs) and Assistant Public Information Officers (APIOs) to receive and process requests for information.

  5. Providing Information (Section 7): PIOs are obligated to provide the requested information within 30 days (or 48 hours if it concerns the life or liberty of a person) upon payment of prescribed fees, or reject the request for valid reasons under Sections 8 and 9.

These obligations collectively aim to create an informed citizenry and a transparent, accountable government, thereby strengthening the democratic fabric of the nation.